MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002074202

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, correction of his records to show award of the Defense Meritorious Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal, and the National Defense Service Medal.

APPLICANT STATES: In effect, that he is entitled to these awards based on the citations submitted with his application. In support of his application, he submitted an addendum to his application, two discharge documents, a listing of military service, a letter to his Congressman, three Letters of Appreciation, two Certificates of Achievement, a Certificate of Commendation from the Armed Forces Police Detachment, a Letter of Commendation, two CBR Proficiency Test Scorecards, a Combat Pistol Qualification Course Scorecard, a Grenade Launcher Qualification Scorecard, an Individual Scorecard for 90MM Recoilless Rifle, a Memo of Commendation and reassignment orders.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the Regular Army on 10 July 1975 for a period of three years. He completed training as a military policeman and served in Germany from 30 November 1975 through 19 June 1978. He was honorably discharged from active duty on 27 February 1978 for immediate reenlistment. He served another tour in Germany from 20 December 1979 through 4 February 1981 and was honorably released from active duty on 27 February 1981. The applicant subsequently served in the Army National Guard from 17 March 1981 to 7 March 1982.

The applicant's personnel records contain two discharge documents. These discharge documents do not show the Defense Meritorious Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal or the National Defense Service Medal as authorized awards.

The applicant's discharge document, with a separation date of 27 February 1981, only shows entitlement to the first award of the Good Conduct Medal and two awards of the Expert Marksmanship Qualification Badge with Pistol Bar.

There are no orders in the applicant's personnel records which show he was awarded the Defense Meritorious Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal, and the National Defense Service Medal. There also is no evidence available to the Board which shows he was recommended for these awards.
The applicant's DA Form 2-1 (Personnel Qualification Record) does not list the Defense Meritorious Service Medal, the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal, the Army Achievement Medal or the National Defense Service Medal in item 9 (Awards, Decorations and Campaigns).

Department of Defense 1348.33-M (Manual of Military Decorations & Awards) provides, in pertinent part, for award of the Defense Meritorious Service Medal (DMSM). It is awarded in the name of the Secretary of Defense to recognize members of the Armed Forces of the United States who, after November 3, 1977, distinguished themselves by noncombat meritorious achievement or service. The DMSM is awarded only under the most unusual circumstances as an impact award for outstanding temporary duty (TDY) achievement and is specifically intended to recognize exceptionally meritorious service performance to honor an individual's accomplishments over a sustained period.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Department of Defense 1348.33-M provides, in pertinent part, for award of the Joint Service Commendation Medal (JSCM). It is awarded in the name of the Secretary of Defense to recognize members of the Armed Forces of the United States who, after January 1, 1963, distinguished themselves by meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Department of Defense 1348.33-M provides, in pertinent part, for award of the Joint Service Achievement Medal (JSAM). The JSAM was authorized by the Secretary of Defense on 3 August 1983. It was awarded in the name of the Secretary of Defense to recognize members of the Armed Forces of the United States below the grade of O-6 who, after 3 August 1983, distinguished themselves by meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request for award of the Defense Meritorious Service Medal based on the Letter of Appreciation, dated 2 February 1981.

2. The Letter of Appreciation from the Chief of the U.S. Army General Research Detachment expressed his appreciation to the applicant for his performance of security duties during the period 21 December 1979 to 4 February 1981. However, there is no evidence of record which shows the applicant was recommended for or awarded the Defense Meritorious Service Medal based on his actions described in this Letter of Appreciation. In the absence of a recommendation for award of the Defense Meritorious Service Medal, there is no basis for awarding the Defense Meritorious Service Medal to the applicant.

3. The Board considered the applicant's request for award of the Meritorious Service Medal based on the Certificate of Achievement, dated 16 November 1979.

4. The Board noted that this certificate was awarded to the applicant for his outstanding performance of duty from May 1979 to September 1979. However, there is no evidence of record which shows the applicant was recommended for or awarded the Meritorious Service Medal based on this Certificate of Achievement. In the absence of a recommendation for award of the Meritorious Service Medal or orders awarding the Meritorious Service Medal to the applicant, there is no basis for award of the Meritorious Service Medal in this case. Therefore, he is not entitled to correction of his military records to show this award.

5. The Board also considered applicant's request for award of the Joint Service Commendation Medal based on the Certificate of Commendation from the Armed Forces Police Detachment.

6. The Board noted that this certificate was awarded to the applicant in appreciation of his outstanding service during the period 27 January 1978 through 30 September 1978. However, there is no evidence of record which shows that the applicant was recommended for or awarded the Joint Service Commendation Medal based on this Certificate of Commendation. Therefore, there is no basis for award of the Joint Service Commendation Medal in this case.

7. The Board also considered the Letter of Commendation, dated 12 October 1978, from the applicant in support of his claim for award of the Army Commendation Medal. However, there is no evidence of record which shows that he was recommended for or awarded the Army Commendation Medal based on the Letter of Commendation. Therefore, there is no basis for awarding the Army Commendation Medal to the applicant.

8. The Board further considered the applicant's request for award of the Joint Service Achievement Medal. Based on the Manual of Military Decorations and Awards, the Joint Service Achievement Medal was awarded after 3 August 1983. There is no evidence of record which shows the applicant served a period of service after 3 August 1983. Therefore, there is no basis for awarding the Joint Service Achievement Medal in this case.

9. The Board reviewed the Certificate of Achievement, dated 16 June 1978, submitted by the applicant in support of his claim for award of the Army Achievement Medal. The Board noted that this certificate was awarded to the applicant for his outstanding service as a military policeman during the period 3 December 1975 to 30 June 1978. However, there is no evidence of record available to the Board which shows the applicant was recommended for or awarded the Army Achievement Medal based on this Certificate of Achievement. Therefore, there is no basis for awarding the applicant the Army Achievement Medal.

10. Records show the applicant served on active duty from 10 July 1975 through 27 February 1978 and from 28 February 1978 through 27 February 1981. Based on the Military Awards regulation, the applicant did not serve a period of qualifying service for award of the National Defense Service Medal. Therefore, there is no basis for granting award of the National Defense Service Medal in this case.

11. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

12. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

KAK______ TAP_____ BJL_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002074202
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021029
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	107.0000
2.
3.
4.
5.
6.